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Port Richey gives land code changes a nod

By PHIL DAVIS
Published October 11, 2005

PORT RICHEY - The City Council gave preliminary approval Monday to a 700-page rewrite of its land development code, despite concerns ranging from minor definitions to how the new law will affect an ongoing legal battle with a developer.

That developer, Altamonte G&M Inc., sent two attorneys and a court reporter to the hearing. The city and the developer are battling in court over the size of a coastal development called Rocky Creek Estates.

The developer wanted to build 43 homes; the city said it could build 13.

Mayor Mark Abbott and council member Phyllis Grae wanted to delay the vote so City Attorney Shauna Morris could make changes discussed in the meeting.

"I'd rather see an entire final product first," Abbott said. But with a motion on the floor, he was unable to stop the vote. The council voted 3-2 to give the code preliminary approval with some modifications. Grae and Abbott cast the dissenting votes.

Abbott and Grae also continued their assertion that former City Attorney Jerry Figurski had no authority to take on the code rewrite in July 2004.

Council members Bill Bennett and Fred Miller defended Figurski and the new code.

"It's a good product," Miller said. "I think our staff, our city manager and our building official have wanted to move forward with something that's got some teeth to it, something we can rely on, that we don't have to go back and look at from time to time to decide whether it's right or wrong."

Throughout the meeting, Morris and council members questioned definitions and pointed out problems, such as the omission of the city's waterfront overlay district. Council member Jim Priest pointed to a conflict between two sections regulating construction on or near wetlands.

The modified code will be presented at a future hearing for final approval. The date of the second public hearing was not set Monday.

Only a few residents showed up at the meeting.

"We can either be Port Richey or we can be Port Rickety," resident Laurie Simpson told the council. "I've heard some of the people in the city say they are against more rules and regulations. I think they need to be reminded that the rules and regulations are what makes a city beautiful, strong and wealthy."

[Last modified October 11, 2005, 01:58:15]